Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1393 O.G. 61, on August 13, 2013.
For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.
European Patent Office as Searching and Examining Authority
The European Patent Office (EPO) may act as the International Searching
Authority (ISA) or the International Preliminary Examining Authority (IPEA)
for an international application filed with the United States Receiving
Office or the International Bureau (IB) as Receiving Office where at least
one of the applicants is either a national or resident of the United States
of America. The EPO, effective January 1, 2015, no longer has any
limitations concerning its competency to act as an ISA. The announcement
appears in the Official Gazette at 1412 O.G. 61 on March 10, 2015.
Previously, the EPO would not act as an ISA and would not carry out an
international search for any application which contained one or more claims
relating to the field of business methods. As of January 1, 2015, U.S.
applicants filing their international applications with the USPTO or the IB
as receiving Office may select the EPO to act as the ISA without
restrictions. In applications containing claims relating to business
methods where the subject matter of the application also contains technical
features, the EPO will perform a search for those parts of the application
which are more than mere business methods. However, the EPO will issue a
declaration under PCT Rule 17(2)(a) that no ISR will be established
whenever an application relates only to a business method as such. The EPO
will act as an IPEA only if it also acted as the ISA.
The search fee of the European Patent Office was changed, effective
January 1, 2016, and was announced in the Official Gazette at 1421
O.G. 246, on December 29, 2015.
Korean Intellectual Property Office as Searching and Examining Authority
The Korean Intellectual Property Office may act as the ISA or the IPEA
for an international application filed with the United States Receiving
Office or the International Bureau (IB) as Receiving Office where at least
one of the applicants is either a national or resident of the United States
of America. The announcement appears in the Official Gazette at 1302 O.G.
1261 on January 17, 2006.
The search fee of the Korean Intellectual Property Office was changed,
effective January 1, 2016, and was announced in the Official Gazette at
1421 O.G. 246, on December 29, 2015.
Australian Patent Office as Searching and Examining Authority
The Australian Patent Office (IP Australia) may act as the ISA or the
IPEA for an international application filed with the United States
Receiving Office or the International Bureau (IB) as Receiving Office where
at least one of the applicants is either a national or resident of the
United States of America. The announcement appears in the Official Gazette
at 1337 O.G. 265, on December 23, 2008. However, the use of IP Australia is
restricted. IP Australia will not act as an ISA if it has received more
than 250 international applications from the USPTO during a fiscal quarter,
as indicated in the Official Gazette at 1409 O.G. 302 on December 30, 2014.
IP Australia will act as an IPEA only if it also acted as the ISA.
The search fee of IP Australia was changed, effective January 1, 2016,
and was announced in the Official Gazette at 1421 O.G. 246, on December 29,
2015.

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The Federal Service on Intellectual Property, Patents & Trademarks of
Russia as Searching and Examining Authority
The Federal Service on Intellectual Property, Patents & Trademarks of
Russia (Rospatent) may act as the ISA or the IPEA for an international
application filed with the United States Receiving Office or the
International Bureau (IB) as Receiving Office where at least one of the
applicants is either a national or resident of the United States of
America. The announcement appears in the Official Gazette at 1378 O.G. 162,
on May 8, 2012.
The search fee of Rospatent was changed, effective April 1, 2016, and
was announced in the Official Gazette at 1424 O.G. 249 on March 29, 2016.
Israel Patent Office as Searching and Examining Authority
The Israel Patent Office (ILPO) may act as the ISA or the IPEA for an
international application filed with the United States Receiving Office
or the International Bureau (IB) as Receiving Office where at least one
of the applicants is either a national or resident of the United States
of America. The announcement appears in the Official Gazette at 1408 O.G.
52, on November 4, 2014. However, the use of the ILPO is restricted. The
ILPO will not act as an ISA for applications with one or more claims
relating to a business method as defined by certain International Patent
Classification classes nor will the ILPO act as an ISA where it has
received more than 75 international applications from the USPTO during a
fiscal quarter, as indicated in the Official Gazette at 1408 O.G. 52 on
November 4, 2014. For the definition of what the ILPO considers to be
precluded subject matter in the field of business methods, see Annex B of
the Agreement between the Israel Patent Office and the United States
Patent and Trademark Office
(http://www.uspto.gov/patents/law/notices/ilpo_isa-ipea.pdf). The ILPO
will act as an IPEA only if it also acted as the ISA.
The search fee of ILPO was changed, effective March 1, 2016, and was
announced in the Official Gazette at 1424 O.G. 179 on March 22, 2016.
Japan Patent Office as Searching and Examining Authority
The Japan Patent Office (JPO) may act as the ISA or the IPEA for an
international application filed with the United States Receiving Office or
the International Bureau (IB) as Receiving Office where at least one of the
applicants is either a national or resident of the United States of
America. The announcement appears in the Official Gazette at 1417 O.G. 63,
on August 4, 2015. However, the use of the JPO is restricted. The JPO will
act as an ISA for applications only where the claims of the application are
directed to the field of green technology as defined by certain
International Patent Classification classes and where the JPO has not
received more than 5,000 international applications from the USPTO during
the 3 year period from July 1, 2015 to June 30, 2018, and not more than 300
applications per quarter during the first year, and not more than 475
application per quarter during the second and third years, as indicated in
the Official Gazette at 1417 O.G. 63 on August 4, 2015. For the
definition of what the JPO considers to be the field of green technology,
see Annex A of the Agreement between the Japan Patent Office and the United
States Patent and Trademark Office at 1417 O.G. 67, August 4, 2015. The JPO
will act as an IPEA only if it also acted as the ISA.
The search fee of the JPO was changed, effective April 1, 2016, and was
announced in the Official Gazette at 1424 O.G. 249 on March 29, 2016.
Intellectual Property Office of Singapore as Searching and Examining
Authority
The Intellectual Property Office of Singapore (IPOS) may act as the ISA

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or the IPEA for an international application filed with the United States
Receiving Office or the International Bureau (IB) as Receiving Office where
at least one of the applicants is either a national or resident of the
United States of America. The announcement appears in the Official Gazette
at 1425 O.G. 190 on April 19, 2016. The IPOS will act as an IPEA only if it
also acted as the ISA.
The search fee of the IPOS was announced in the Official Gazette at 1425
O.G. 190 on April 19, 2016.
Fees
The transmittal fee for the USPTO was changed to include a basic portion
and a non-electronic filing fee portion, effective November 15, 2011, and
was announced in the Federal Register on November 15, 2011. Search fees
for the USPTO were changed, effective January 12, 2009, and were announced
in the Federal Register on November 12, 2008. The fee for filing a request
for the restoration of the right of priority was established, effective
November 9, 2007, and was announced in the Federal Register on
September 10, 2007.
International filing fees were changed, effective January 1, 2016,
and were announced in the Official Gazette at 1421 O.G. 246 on
December 29, 2015. The elimination of the discount for filing the
international application in paper with a PCT EASY zip file was announced
in the Official Gazette at 1419 O.G. 128 on October 20, 2015.
The schedule of PCT fees (in U.S. dollars), as of April 1, 2016, is as
follows:
International Application (PCT Chapter I) fees:
Transmittal fee
Basic Portion
- Fee $240.00
- Small Entity Fee $120.00
- Micro Entity Fee $60.00
Non-electronic filing fee portion for International
applications (other than plant applications) filed
on or after 15 November 2011 other than by the
Office electronic filing system
- Fee $400.00
- Small Entity Fee $200.00
- Micro Entity Fee $200.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee
- Fee $2,080.00
- Small Entity Fee $1,040.00
- Micro Entity Fee $520.00
- Supplemental search fee, per additional
invention (payable only upon invitation)
- Fee $2,080.00
- Small Entity Fee $1,040.00
- Micro Entity Fee $520.00
European Patent Office as ISA
- Fee $2,097.00
- Small Entity Fee $2,097.00
- Micro Entity Fee $2,097.00
Korean Intellectual Property Office as ISA
- Fee $1,120.00
- Small Entity Fee $1,120.00

Notice of Maintenance Fees Payable
Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.
Attention is drawn to the patents that were issued on April 22, 2014
for which maintenance fees due at 3 years and six months may now be paid
The patents have patent numbers within the following ranges:
Utility Patents 8,701,212 through 8,707,461
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on April 20, 2010
for which maintenance fees due at 7 years and six months may now be paid
The patents have patent numbers within the following ranges:
Utility Patents 7,698,748 through 7,703,147
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on April 18, 2006
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 7,028,341 through 7,032,245
Reissue Patents based on the above identified patents.
No maintenance fees are required for design or plant patents.
Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov.
Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "Director of the U.S. Patent and
Trademark Office, Attn: Maintenance Fees, 2051 Jamieson Avenue, Suite 300,
Alexandria, Virginia 22314".
Correspondence related to maintenance fees other than payments of
maintenance fees in patents should be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".
Patent owners must establish small or micro entity status according to
37 CFR 1.27 or 1.29 if they have not done so and if they wish to pay the
small or micro entity amount.
The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set forth
in the most recently amended provisions in 37 CFR 1.20(e)-(g). To obtain
the current maintenance fee amounts, please call the USPTO Contact Center
at (800)-786-9199 or see the current USPTO fee schedule posted on the USPTO
web-site at www.uspto.gov.

Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to Registrant at the last
known address or email address having been returned to the Office
undelivered, including by way of notification to the Office of non-delivery
in paper or electronic form, notice is hereby given that unless the
Registrant listed herein, its assigns or legal representatives, shall enter
an appearance within thirty days of this publication, the cancellation will
proceed as in the case of default. See Trademark Rule 2.118.
PuraMed BioScience Inc., Schofield, WI, Registration No. 4074690 for the
mark "PURAMED BIOSCIENCE", Cancellation No. 92064865.
TYRONE CRAVEN
Lead Paralegal Specialist
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to Registrant at the last
known address or email address having been returned to the Office
undelivered, including by way of notification to the Office of non-delivery
in paper or electronic form, notice is hereby given that unless the
Registrant listed herein, its assigns or legal representatives, shall enter
an appearance within thirty days of this publication, the cancellation will
proceed as in the case of default. See Trademark Rule 2.118.
Jessica R. Berger, Venice, CA, Registration No. 4237546 for the mark
"EMPOWERHOUSE", Cancellation No. 92065019.
KARL KOCHERSPERGER
Paralegal Specialist
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to Registrant at the last
known address or email address having been returned to the Office
undelivered, including by way of notification to the Office of non-delivery
in paper or electronic form, notice is hereby given that unless the
Registrant listed herein, its assigns or legal representatives, shall enter
an appearance within thirty days of this publication, the cancellation will
proceed as in the case of default. See Trademark Rule 2.118.
Adam J. Dassow, Chicago, IL, Registration No. 3357076 for the mark "URBAN
SOLDIER", Cancellation No. 92065254.
AMY MATELSKI
Paralegal Specialist
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to Registrant at the last
known address or email address having been returned to the Office

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undelivered, including by way of notification to the Office of non-delivery
in paper or electronic form, notice is hereby given that unless the
Registrant listed herein, its assigns or legal representatives, shall enter
an appearance within thirty days of this publication, the cancellation will
proceed as in the case of default. See Trademark Rule 2.118.
NorthStar Investors, Inc., Reno, NV, Registration No. 4426654 for the mark
"MODA WORLD", Cancellation No. 92065391.
MILLICENT CANADY
Paralegal
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to Registrant at the last
known address or email address having been returned to the Office
undelivered, including by way of notification to the Office of non-delivery
in paper or electronic form, notice is hereby given that unless the
Registrant listed herein, its assigns or legal representatives, shall enter
an appearance within thirty days of this publication, the cancellation will
proceed as in the case of default. See Trademark Rule 2.118.
Neobev Wine & Spirits, LLC, Lewes, DE, Registration No. 4486313 for the
mark "LA MAJA", Cancellation No. 92065458.
Aqua Couture Swimwear LLC, Honolulu, HI, Registration No. 4439780 for the
mark "DRIFT BOUTIQUE", Cancellation No. 92065459.
MONIQUE TYSON
Paralegal Specialist
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A notice of opposition to the registration of the mark in the
application identified below having been filed, and the notice of such
proceeding sent to applicant at the last known address having been returned
by the Postal Service as undeliverable, notice is hereby given that unless
the applicant listed herein, its assigns or legal representatives, shall
enter an appearance within thirty days of this publication, the opposition
will proceed as in the case of default.
Ninja.com Inc., Las Vegas, NV, Application Serial No. 86895447 for the mark
"UNLEASH YOUR INNER NINJA", Opposition No. 91230785.
VERONICA WHITE
Paralegal Specialist
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A notice of opposition to the registration of the mark in the
application identified below having been filed, and the notice of such
proceeding sent to applicant at the last known address having been returned
by the Postal Service as undeliverable, notice is hereby given that unless
the applicant listed herein, its assigns or legal representatives, shall
enter an appearance within thirty days of this publication, the opposition
will proceed as in the case of default.

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Emilie Bo, Kunshan Jiangsu, China, Application Serial No. 86575475 for the
mark "YOXO", Opposition No. 91231687.
ROCHELLE ADAMS
Paralegal
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to Registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the Registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
Boost Software Inc., Boston, MA, Registration No. 4453767 for the mark
"BOOST", Cancellation No. 92064698.
MILLICENT CANADY
Paralegal
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to Registrant at the last
known address or email address having been returned to the Office
undelivered, including by way of notification to the Office of non-delivery
in paper or electronic form, notice is hereby given that unless the
Registrant listed herein, its assigns or legal representatives, shall enter
an appearance within thirty days of this publication, the cancellation will
proceed as in the case of default. See Trademark Rule 2.118.
Saban Capital Group Inc., Virgin Islands, British, Registration No. 4968537
for the special form mark that consist of a stylized bear head design,
Cancellation No. 92065043.
ROCHELLE ADAMS
Paralegal
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to Registrant at the last
known address or email address having been returned to the Office
undelivered, including by way of notification to the Office of non-delivery
in paper or electronic form, notice is hereby given that unless the
Registrant listed herein, its assigns or legal representatives, shall enter
an appearance within thirty days of this publication, the cancellation will
proceed as in the case of default. See Trademark Rule 2.118.
Christopher L. Sorey, Raleigh, North Carolina, Registration No. 4243902 for
the mark "HUSTLE", Cancellation No. 92065075.
NICOLE M. THIER
Paralegal Specialist
Trademark Trial and Appeal Board, for
MARY BONEY DENISON
Commissioner for Trademarks

37 CFR 1.47 Notice of Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all the inventors. The petition has been granted. A notice has
been sent to the last known address of the non-signing inventor, Yong Hyun
NAM. The inventor whose signature is missing may join in the application by
promptly filing an appropriate oath or declaration complying with
37 CFR 1.63. The international application number is PCT/KR2011/001455 and
was filed 03 March 2011 in the names of Gwang Ho YANG, Yong Hyun NAM,
Tae Young CHANG, and Jae Cheol HWANG for the invention entitled CELL
CARTRIDGE The national stage number is 13/582,694 and has a
35 U.S.C. 371(c) date of 11 December 2015.

Notice of Suspension
This notice regards Tara K. Laux of Annandale, Virginia, who has
practiced before the United States Patent and Trademark Office ("USPTO" or
"Office") in trademark matters. The USPTO has suspended Ms. Laux for thirty
(30) days from practice before the Office in trademark and non-patent
matters.
Ms. Laux violated USPTO disciplinary rules by preparing, filing, and
prosecuting trademark applications before the USPTO and filing a
substantive motion before the Trademark Trial and Appeal Board on behalf of
a relative and his businesses while employed by the USPTO. After being
informed that representing others before the USPTO while employed by the
agency was prohibited, Ms. Laux did not immediately withdraw from the
applications wherein she was listed as attorney of record.
As a result, Ms. Laux violated 37 C.F.R. §§ 11.111 (engaging in conduct
contrary to applicable federal ethics law while a Federal Government
employee, including conflict of interest statutes and regulations of the
department, agency, or commission); 11.505 (practicing law in a
jurisdiction in violation of the regulation of the legal profession);
11.804(d) (engaging in conduct that is prejudicial to the administration of
justice); and 11.116(a)(1) (representing a client, or where representation
has commenced, failing to withdraw from the representation of a client, if
the representation will result in violation of the USPTO Rules of
Professional Conduct or other law).
This action is the result of a settlement agreement between Ms. Laux and
the OED Director pursuant to the provisions of 35 U.S.C. §§ 2(b)(2)(D) and
32, and 37 C.F.R. §§ 11.19, 11.20, and 11.26.
Disciplinary decisions involving practitioners are posted for public
reading at the OED Reading Room, available at:
http://e-foia.uspto.gov/Foia/OEDReadingRoom.jsp.
March 9, 2017 SARAH T. HARRIS
General Counsel
United States Patent and Trademark Office
on behalf of
MICHELLE K. LEE
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office

Notice of Suspension and Probation
This notice concerns Mr. Philip T. Virga of Redondo Beach, California,
who is a registered practitioner (Registration No. 36,710). In settlement
of a disciplinary proceeding, the Director of the United States Patent and
Trademark Office ("USPTO" or "Office") has suspended Mr. Virga from
practice before the Office in patent, trademark, and non-patent matters for
five years and placed him on probation for two years following any
reinstatement. Mr. Virga may petition for reinstatement after serving
twenty-four (24) months of his suspension, but he must, inter alia, take
and pass the Multistate Professional Responsibility Exam, with a score of
85 or better, as a condition of reinstatement.
The suspension is predicated upon Mr. Virga's violations of numerous
provisions of the USPTO Rules of Professional Conduct in connection with
his providing patent preparation, filing, and prosecution services for
inventors who contracted with a non-practitioner company. Between
approximately May 2014 and May 2016, Mr. Virga contracted with Desa
Industries, Inc., a New York business corporation, doing business as World
Patent Marketing ("WPM") in Miami Beach, Florida. Mr. Virga received
referrals of clients seeking patent legal services from WPM. WPM employees
appear to have advised inventor-applicants as to which type of patent
application to file and had inventor-applicants sign oaths of inventorship
without regard to whether they had actually reviewed the application to be
filed with the Office, and generally before Mr. Virga had even prepared the
application. Mr. Virga did not obtain informed consent from the inventor-
applicants to be paid by the non-practitioner company (37 C.F.R. § 11.108
(f)(1)); did not communicate the scope of the representation and basis of
fee to the inventor-applicants (37 C.F.R. § 11.105(b)); did not obtain
informed consent from the inventor-applicants to represent the inventor-
applicants in light of actual or potential conflicts of interest
(37 C.F.R. § 11.107(a)(2)); did not explain a matter to the extent
reasonably necessary to permit the inventor-applicants to make informed
decisions regarding the representation (37 C.F.R. § 11.104(b)); did not
communicate Office Actions and Notices of Abandonments to his clients in a
reasonable and prompt manner (37 C.F.R. § 11.103); did not consult with the
inventor-applicants as to the means by which their objectives were to be
accomplished (37 C.F.R. §§ 11.102(a) and 11.104(a)(2)); did not obtain
informed consent for limited scope representation (37 C.F.R. § 11.102(c));
did not promptly inform the inventor-applicants of any decision or
circumstance with respect to which the inventor-applicants' informed
consent was required, and did not keep the inventor-applicants reasonably
informed of the status of their matters (37 C.F.R. § 11.104(a)(1), (3));
allowed the non-practitioner company to interfere with and/or to direct or
regulate his professional judgment (37 C.F.R. §§ 11.108(f)(2) and 11.504
(c)); shared legal fees with the non-practitioner company
(37 C.F.R. § 11.504(a)); and assisted the non-practitioner company to
practice before the Office in patent matters in violation of the Office's
rules regarding unauthorized practice before the Office
(37 C.F.R. § 11.505). In short, Mr. Virga disregarded his important
ethical obligations to each inventor-applicant who contracted with the non-
practitioner company for patent legal services.
Mr. Virga has expressed contrition and understands how his actions
violated the USPTO Rules of Professional Conduct.
Practitioners are reminded that the USPTO Director has disciplined
practitioners for having violated their professional responsibilities to
inventors under circumstances where a non-practitioner third party-such as
a company that aims to assist inventors in protecting and/or marketing
their inventions-refers inventors to registered practitioners to provide
the patent legal services purchased by inventors from the third party.
See, e.g., In re Cohen, Proceeding No. D2002-15 (USPTO Dec. 4, 2002); In re
Colitz, Proceeding No. D1999-04 (USPTO Jan. 2, 2003); In re Bender,
Proceeding No. D2000-01 (USPTO Sept. 30, 2003); In re Kaardal, Proceeding

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No. D2003-08 (USPTO Feb. 24, 2004); In re Schoonover, Proceeding No. D2008-
24 (USPTO July 14, 2009); In re Gibney, Proceeding No. D2009-33 (USPTO Mar.
4, 2010); In re Galasso, Proceeding No. 2009-17 (USPTO Aug. 20, 2010);
In re Sung, Proceeding No. D2010-19 (USPTO Jan. 18, 2011); In re Campbell,
Proceeding No. D2009-39 (USPTO Feb. 18, 2011); In re Mackenzie, Proceeding
No. D2010-27 (USPTO Oct. 12, 2011); and In re Harrington, Proceeding No.
D2012-14 (USPTO Apr. 18, 2012). See also In re Meyer, Proceeding No. D2010-
41 (USPTO Sept. 7, 2011) (referral of trademark applicants). Accordingly,
practitioners should be mindful that several interrelated provisions of the
USPTO Rules of Professional Conduct apply to such situations.
First, prior to entering into a practitioner-client relationship with an
inventor who is referred by a non-practitioner third party, the
practitioner should properly consider the various conflicts of interest
that already exist or may arise during the relationship. See generally
37 C.F.R. §§ 11.107 and 11.108. Such conflicts may include those between
the inventor and other inventors previously referred to the practitioner by
the non-practitioner third party. Such conflicts may also include those
between the inventor and the practitioner due to the practitioner's
personal financial interest in continuing to receive inventor referrals
from the non-practitioner third party. One specific conflict of interest is
addressed by the USPTO Rules of Professional Conduct, which require the
practitioner to obtain "informed consent" from the inventor to accept
compensation from someone other than the client. See 37 C.F.R. § 11.108(f).
Informed consent means the agreement by a prospective client to be
represented by a practitioner after the practitioner has communicated
adequate information and explanation about the material risks of and
reasonably available alternatives to the client being represented by the
practitioner. The mere fact that the inventor authorizes the third party to
pay the practitioner is not informed consent. See In re Colitz, Proceeding
No. D1999-04 (USPTO January 2, 2003). Hence, under circumstances where a
non-practitioner third party refers inventors to a registered practitioner
to provide the patent legal services purchased by inventors from the third
party, the inventor would likely be unable to provide the requisite
informed consent absent a meaningful discussion with the practitioner that
fully informs the referred inventor of the actual and potential conflicts
of interest arising from the fee arrangement between inventor, third party,
and practitioner. Additionally, the practitioner must communicate the scope
of the representation and the basis or rate of the fee and expenses for
which the client will be responsible, see 37 C.F.R. § 11.105(b), and shall
obtain informed consent whenever limiting the scope of the representation
(e.g., such as when only preparing and filing an application and not
prosecuting it), see 37 C.F.R. § 11.102(c).
Second, a practitioner must exercise independent professional judgment
and render candid advice in representing a client. See 37 C.F.R. § 11.201.
In part, this means that a practitioner shall not share legal fees with the
non-practitioner third party that refers the inventors to the practitioner.
See 37 C.F.R. § 11.504(a). Under circumstances where a non-practitioner
third party regularly refers inventors to registered practitioners to
provide the patent legal services purchased by inventors from the third
party, practitioners may unwittingly violate the fee-sharing prohibition if
the practitioner does not know the amount the inventor has paid to the
third party for patent legal services. If the entire amount received by the
third party for the practitioner's compensation is not distributed to the
practitioner and any undistributed compensation held by the third party is
not returned to the inventor, then the practitioner has likely
impermissibly shared fees with a non-practitioner. Hence, a practitioner is
reasonably expected to question carefully the inventor and the referring
non-practitioner third party about the amounts being charged to the
inventor for the patent legal services to ensure the entire amount is
remitted to the practitioner.
Third, exercising independent professional judgment and rendering candid
advice also means that a practitioner may not form a partnership with a
non-practitioner if any of the activities of the partnership consist of the

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US PATENT AND TRADEMARK OFFICE

1438 OG 76

practice of law. See 37 C.F.R. § 11.504(b). Nor may a practitioner assist a
non-practitioner in committing the unauthorized practice of law. See
37 C.F.R. § 11.505. Where a non-practitioner third party refers inventors
to registered practitioners to provide the patent legal services purchased
by inventors from the third party, the practitioner may not merely fill a
purchase order. Instead, the practitioner must independently assess the
suitability of the sought-after patent protection and communicate his or
his assessment to the inventor. For example, prior to the referral of an
inventor to a practitioner, it is not uncommon for an inventor to have
direct communication with a non-practitioner company that aims to assist
inventors in protecting and/or marketing their inventions--e.g., the
company may review the inventor's submission and, thereafter, provide the
inventor with a patent search report or marketing report that induces the
inventor to purchase a provisional, design, or utility patent application
from the company. By remaining passive and merely providing the patent
legal services purchased by the referred inventor, a practitioner may be
found to have formed a de facto partnership with the non-practitioner and
also may be assisting the company commit the unauthorized practice of law.
Hence, when a practitioner receives a referral for patent services from a
non-practitioner company that aims to assist inventors in protecting and/or
marketing their inventions, the practitioner is reasonably expected to
obtain copies of all documents exchanged between the company and the
inventor so that the practitioner may understand whether company is
engaging in practice before the Office in patent matters as defined in
37 C.F.R. § 11.5(b)(1). If the documents indicate that the company is doing
so, the practitioner should be mindful that he or she may likely be in
violation of both 37 C.F.R. §§ 11.504(b) and 11.505 by accepting the
referral and providing the purchased patent legal services.
Fourth, a practitioner is ethically obligated to communicate with the
inventor. Ethical communication between a practitioner and an inventor
requires the practitioner to consult reasonably with the inventor about the
means by which the inventor's objectives are to be accomplished; keep the
inventor reasonably informed about the status of the application, including
informing the inventor promptly of Office correspondence; and explain a
matter to the extent reasonably necessary to permit the inventor to make
informed decisions regarding the prosecution of the application. See
37 C.F.R. § 11.104; see also 37 C.F.R. § 11.102(a). The communication with
an inventor under circumstances where a non-practitioner third party refers
inventors to registered practitioners to provide the patent legal services
purchased by inventors from the third party should be no different in the
scope or substance from the communication with inventors that directly
engaged the practitioner. Furthermore, practitioners may not delegate
their ethical responsibilities to communicate with their clients regarding
the substance of their representation by using subordinates or others,
including third parties. See, e.g., In re Meyer, Proceeding No. D2010-41
(USPTO Sept. 7, 2011) (practitioner reprimanded for, inter alia, failing to
directly communicate with his clients regarding their trademark
applications).
Finally, regarding communications with clients, the USPTO Director is
aware that a practitioner may communicate with someone other than the
client in cases where there is a bona fide corporate liaison or a foreign
agent who conveys instructions to the practitioner. In such an arrangement,
the practitioner may rely upon instructions of the corporate liaison or the
foreign agent as to the action to be taken in a proceeding before the
Office so long as the practitioner is aware that the client has consented
to have instructions conveyed through the liaison or agent. Accordingly,
nothing in this notice should be construed as contradictory to the
discussion entitled "Practitioner's Responsibility to Avoid Prejudice to
the Rights of a Client/Patent Applicant" set forth in Official Gazette
Notice published at 1086 OG 457 (Jan. 12, 1988) or the discussion entitled
"Responsibilities of Practitioners Representing and Clients in Proceeding
Before The Patent and Trademark Office" set forth in Official Gazette
Notice published at 1421 OG 2641 (Dec. 29, 2015). Nevertheless, this notice
is to be read as providing additional, specific guidance to practitioners

May 2, 2017

US PATENT AND TRADEMARK OFFICE

1438 OG 77

under circumstances where a non-practitioner third party refers inventors
to registered practitioners to provide the patent legal services purchased
by inventors from the third party.
This action is the result of a settlement agreement between Mr. Virga
and the OED Director pursuant to the provisions of 35 U.S.C. §§ 2(b)(2)(D)
and 32 and 37 C.F.R. §§ 11.19, 11.20, and 11.26. Disciplinary decisions
involving practitioners are posted for public reading at the OED Reading
Room, available at: http://e-foia.uspto.gov/Foia/OEDReadingRoom.jsp.
March 16, 2017 STACY C. LONG
Acting Deputy General Counsel for General Law
United States Patent and Trademark Office
on behalf of
MICHELLE K. LEE
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office

Errata
"All references to Patent No. 9,603,365 to SATORU YAMAMURA of
Takaoka-shi, JP for CO-CRYSTAL PRODUCTION METHOD appearing in the Official
Gazette of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,603,706 to BLAYNE ROEDER of Bloomington,
IN for ENDOLUMINAL PROSTHESIS COMPRISING A VALVE AND AN AXIALLY EXTENDABLE
SEGMENT appearing in the Official Gazette of March 28, 2017 should be
deleted since no patent was granted."
"All references to Patent No. 9,603,901 to ELIZABETH SANGUINETTI of
Salt Lake City, UT for TREATMENT OF SHORT BOWEL SYNDROME PATIENTS WITH
COLON-IN-CONTINUITY appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,603,902 to ELIZABETH SANGUINETTI of
Salt Lake City, UT for TREATMENT OF SHORT BOWEL SYNDROME PATIENTS WITH
COLON-IN-CONTINUITY appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,603,903 to ELIZABETH SANGUINETTI of
Salt Lake City, UT for TREATMENT OF SHORT BOWEL SYNDROME PATIENTS WITH
COLON-IN-CONTINUITY appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,603,947 to SCOTT JEFFREY of Snohomish,
WA for BETA-GLUCURONIDE-LINKER DRUG CONJUGATES appearing in the Official
Gazette of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,604,120 to VITTORIO BOLOGNA of Elk Grove
Village, IL for FOOTBALL HELMET WITH RECESSED FACE GUARD MOUNTING AREAS
appearing in the Official Gazette of March 28, 2017 should be deleted since
no patent was granted."
"All references to Patent No. 9,604,558 to SAKINO ABE of Toyota-shi, JP
for VEHICLE SEAT appearing in the Official Gazette of March 28, 2017 should
be deleted since no patent was granted."
"All references to Patent No. 9,604,584 to HIDEOMI ADACHI of Shizuoka,
JP for WIRE HARNESS appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,604,591 to MICHAEL FINK of Mesa, AZ for
SIDE CURTAIN AIRBAG appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,604,953 to JUNG, YOUNG SIK et al of
YOOSEONG-GU DAEJEON-SI, KOREA, REPUBLIC OF for NOVEL COMPOUND,
PHARMACEUTICALLY ACCEPTABLE SALT OR OPTICAL ISOMER THEREOF, METHOD FOR
PREPARING THE SAME, AND PHARMACEUTICAL COMPOSITION FOR PREVENTION OR
TREATMENT OF VIRAL DISEASES CONTAINING SAME AS ACTIVE INGREDIENT appearing
in the Official Gazette of March 28, 2017 should be deleted since no patent
was granted."
"All references to Patent No. 9,605,299 to BERNHARD ZIMMERMANN of
San Mateo, CA for METHODS FOR SIMULTANEOUS AMPLIFICATION OF TARGET LOCI
appearing in the Official Gazette of March 28, 2017 should be deleted since
no patent was granted."
"All references to Patent No. 9,605,327 to KENICHI YAMAMOTO of Tokyo, JP
for HIGH-STRENGTH STEEL SHEET AND METHOD OF PRODUCING MOLTEN STEEL FOR
HIGH-STRENGTH STEEL SHEET appearing in the Official Gazette of March 28,
2017 should be deleted since no patent was granted."

May 2, 2017

US PATENT AND TRADEMARK OFFICE

1438 OG 80

"All references to Patent No. 9,605,351 to MARK DEININGER of Roswell, GA
for SOLID OXIDE FUEL CELLS, ELECTROLYZERS, AND SENSORS, AND METHODS OF
MAKING AND USING THE SAME appearing in the Official Gazette of March 28,
2017 should be deleted since no patent was granted."
"All references to Patent No. 9,605,609 to TADAYUKI NAGAI of Susono-shi,
JP for CONTROL APPARATUS FOR VEHICLE appearing in the Official Gazette of
March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,605,807 to BALARABE MOHAMMED of
Union City, CA for METHODS FOR IN-SITU CALIBRATION OF A FLOW CONTROLLER
appearing in the Official Gazette of March 28, 2017 should be deleted since
no patent was granted."
"All references to Patent No. 9,605,892 to KWANHYUNG KIM of Seoul, KR
for REFRIGERATOR WITH CAMERA AND CONTROL METHOD FOR THE SAME appearing in
the Official Gazette of March 28, 2017 should be deleted since no patent
was granted."
"All references to Patent No. 9,605,945 to LI, JINGQUAN et al of AUBURN,
NEW YORK for DIMENSIONING SYSTEM WITH GUIDED ALIGNMENT appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,606,042 to STRAMSKI, DARIUSZ et al of
SAN DIEGO, CALIFORNIA for NANOPARTICLE ANALYZER appearing in the Official
Gazette of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,606,119 to DAVID ELSEMORE of South
Portland, ME for METHODS, DEVICES, KITS AND COMPOSITIONS FOR DETECTING
ROUNDWORM, WHIPWORM, AND HOOKWORM appearing in the Official Gazette of
March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,606,360 to HONG HUA of Tucson, AZ for
COMPACT EYE-TRACKED HEAD-MOUNTED DISPLAY appearing in the Official Gazette
of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,606,485 to TAKAGI, OSAMU of TOKYO, JAPAN
for FIXING DEVICE AND FIXING TEMPERATURE CONTROL METHOD OF FIXING DEVICE
appearing in the Official Gazette of March 28, 2017 should be deleted since
no patent was granted."
"All references to Patent No. 9,606,495 to KOTA UCHIDA of Kawasaki-shi,
JP for PRINTING APPARATUS appearing in the Official Gazette of March 28,
2017 should be deleted since no patent was granted."
"All references to Patent No. 9,606,513 to CHENGGANG ZOU of Haidian
District, Beijing, CN for DISPLAY DEVICE AND ELECTRONIC APPARATUS appearing
in the Official Gazette of March 28, 2017 should be deleted since no patent
was granted."
"All references to Patent No. 9,606,631 to ALEX MILES of London, GB for
CONTROL PANEL appearing in the Official Gazette of March 28, 2017 should be
deleted since no patent was granted."
"All references to Patent No. 9,606,683 to KATE STONE of Cambridge, GB
for TOUCH-SENSITIVE INPUT DEVICE appearing in the Official Gazette of March
28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,606,699 to MOEHRLE, ARMIN of CHICAGO,
ILLINOIS for ACTIVE PATH MENU NAVIGATION SYSTEM appearing in the Official
Gazette of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,606,860 to SVEN HOSP of Potsdam, DE for
CIRCUIT ARRANGEMENT AND METHOD FOR REALIZING CHECK BIT COMPACTING FOR CROSS
PARITY CODES appearing in the Official Gazette of March 28, 2017 should be

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US PATENT AND TRADEMARK OFFICE

1438 OG 81

deleted since no patent was granted."
"All references to Patent No. 9,606,862 to YUE-DER CHIH of Hsin-Chu
City, TW for MRAM SMART BIT WRITE ALGORITHM WITH ERROR CORRECTION PARITY
BITS appearing in the Official Gazette of March 28, 2017 should be deleted
since no patent was granted."
"All references to Patent No. 9,606,958 to MARK NIXON of Round Rock, TX
for COLLECTING AND DELIVERING DATA TO A BIG DATA MACHINE IN A PROCESS
CONTROL SYSTEM appearing in the Official Gazette of March 28, 2017 should
be deleted since no patent was granted."
"All references to Patent No. 9,606,960 to AJAY INGLE of Austin, TX for
VECTOR INDIRECT ELEMENT VERTICAL ADDRESSING MODE WITH HORIZONTAL PERMUTE
appearing in the Official Gazette of March 28, 2017 should be deleted since
no patent was granted."
"All references to Patent No. 9,607,005 to MANDAYAM SRIVAS of Union
City, CA for MAP-REDUCE READY DISTRIBUTED FILE SYSTEM appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,607,079 to YOSHINORI MASHIMO of Tokyo,
JP for ELECTRONIC DEVICE, DISPLAY METHOD, AND STORAGE MEDIUM appearing in
the Official Gazette of March 28, 2017 should be deleted since no patent
was granted."
"All references to Patent No. 9,607,082 to KEVIN BARKER of Raleigh, NC
for ANSWER SEQUENCE EVALUATION appearing in the Official Gazette of March
28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,607,129 to MATT BAKER of Edina, MN for
PATHWAY PLANNING SYSTEM AND METHOD appearing in the Official Gazette of
March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,607,198 to SHAY ELMALEM of Moreshet, IL
for OPTICAL ELEMENT HAVING TWO PHASE MASKS appearing in the Official
Gazette of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,607,205 to ERIC SETTERBERG of VASTRA
FROLUNDA, SE for FINGERPRINT AUTHENTICATION USING TOUCH SENSOR DATA
appearing in the Official Gazette of March 28, 2017 should be deleted since
no patent was granted."
"All references to Patent No. 9,607,247 to WU, CHUNPENG et al of
BEIJING, CHINA for CONVOLUTIONAL-NEURAL-NETWORK-BASED CLASSIFIER AND
CLASSIFYING METHOD AND TRAINING METHODS FOR THE SAME appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,607,304 to DAVID BRADLEY of Alpharetta,
GA for METHODS, APPARATUSES AND COMPUTER PROGRAM PRODUCTS FOR MEASURING
VEHICLE CARBON FOOTPRINT appearing in the Official Gazette of March 28,
2017 should be deleted since no patent was granted."
"All references to Patent No. 9,607,382 to CHRISTIAN SCHARFENBERGER of
Amtzell, DE for SYSTEM AND METHOD FOR ONLINE PROJECTOR-CAMERA CALIBRATION
FROM ONE OR MORE IMAGES appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,607,643 to AKIRA FURUTA of Sendai-shi,
JP for MAGNETIC RECORDING MEDIUM appearing in the Official Gazette of March
28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,607,697 to HEE YOUL LEE of Icheon-si
Gyeonggi-do, KR for NON-VOLATILE SEMICONDUCTOR MEMORY DEVICE AND IMPROVED

May 2, 2017

US PATENT AND TRADEMARK OFFICE

1438 OG 82

VERIFICATION AND PROGRAMMING METHOD FOR THE SAME appearing in the Official
Gazette of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,607,845 to YASUYUKI YAMATO of
Kiyosu-shi, JP for POLISHING COMPOSITION appearing in the Official Gazette
of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,607,857 to SHUNPEI YAMAZAKI of Setagaya,
JP for METHOD FOR MANUFACTURING A SEMICONDUCTOR DEVICE HAVING AN OXIDE
SEMICONDUCTOR LAYER appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,608,007 to SHUNPEI YAMAZAKI of Tokyo, JP
for DISPLAY DEVICE appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,608,076 to AKIRA TORIUMI of Tokyo, JP
for SEMICONDUCTOR-SUBSTRATE MANUFACTURING METHOD AND SEMICONDUCTOR-DEVICE
MANUFACTURING METHOD IN WHICH GERMANIUM LAYER IS HEAT-TREATED appearing in
the Official Gazette of March 28, 2017 should be deleted since no patent
was granted."
"All references to Patent No. 9,608,093 to AKIMOTO, KENGO et al of
ATSUGI, JAPAN for SEMICONDUCTOR DEVICE AND METHOD FOR MANUFACTURING THE
SAME appearing in the Official Gazette of March 28, 2017 should be deleted
since no patent was granted."
"All references to Patent No. 9,608,121 to JUNICHI KOEZUKA of Tochigi,
JP for METHOD FOR MANUFACTURING SEMICONDUCTOR DEVICE appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,608,164 to TOSHIHARU MAKINO of
Tsukuba-shi, JP for WHITE LIGHT-EMITTING ELEMENT appearing in the Official
Gazette of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,608,175 to DEBASIS BERA of San Jose, CA
for LIGHT EMITTING DEVICE WITH NANOSTRUCTURED PHOSPHOR appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,608,183 to MICHAEL KRUPPA of Geisenfeld,
DE for SEMICONDUCTOR COMPONENT AND METHOD OF PRODUCING A SEMICONDUCTOR
COMPONENT appearing in the Official Gazette of March 28, 2017 should be
deleted since no patent was granted."
"All references to Patent No. 9,608,556 to TAKUYA SHIMOMUGI of Tokyo, JP
for POWER CONVERSION DEVICE AND MOTOR DRIVE DEVICE INCLUDING POWER
CONVERSION DEVICE appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,608,572 to KIICHIRO TAKENAKA of Kyoto,
JP for POWER AMPLIFIER appearing in the Official Gazette of March 28, 2017
should be deleted since no patent was granted."
"All references to Patent No. 9,608,601 to JUN KOYAMA of Sagamihara, JP
for SEMICONDUCTOR DEVICE appearing in the Official Gazette of March 28,
2017 should be deleted since no patent was granted."
"All references to Patent No. 9,608,638 to ANDY LEE of San Jose, CA for
HARDENED PROGRAMMABLE DEVICES appearing in the Official Gazette of March
28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,608,663 to GORODNITSKY, IRINA et al of
ALBUQUERQUE, NEW MEXICO for LOW BIT RATE SIGNAL CODER AND DECODER appearing
in the Official Gazette of March 28, 2017 should be deleted since no patent

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US PATENT AND TRADEMARK OFFICE

1438 OG 83

was granted."
"All references to Patent No. 9,608,769 to ANDREAS DREBINGER of
HERZOGENAURACH, DE for DATA PACKET FOR BIDIRECTIONAL TRANSMISSION OF DATA
PACKETS DURING DATA TRANSMISSION BETWEEN A FIRST AND A SECOND COMMUNICATION
APPLIANCE, AND METHOD FOR TRANSMITTING SUCH A DATA PACKET appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,608,776 to STEPHEN TERRY of Northport,
NY for METHOD AND SYSTEM FOR SUPPORTING MULTIPLE HYBRID AUTOMATIC REPEAT
REQUEST PROCESSES PER TRANSMISSION TIME INTERVAL appearing in the Official
Gazette of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,608,872 to NEWTON, CHRISTOPHER et al of
WESTLAKE VILLAGE, CALIFORNIA for FRAMEWORK SUPPORTING CONTENT DELIVERY WITH
RENDEZVOUS SERVICES NETWORK appearing in the Official Gazette of March 28,
2017 should be deleted since no patent was granted."
"All references to Patent No. 9,608,873 to CROWDER, WILLIAM et al of
CAMARILLO, CALIFORNIA for DEVICES AND METHODS SUPPORTING CONTENT DELIVERY
WITH RENDEZVOUS SERVICES HAVING DYNAMICALLY CONFIGURABLE LOG INFORMATION
appearing in the Official Gazette of March 28, 2017 should be deleted
since no patent was granted."
"All references to Patent No. 9,608,991 to ANDERS KALL of Espoo, FI for
EXTERNAL AUTHENTICATION SUPPORT OVER AN UNTRUSTED NETWORK appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,609,047 to MATTHEW JOHNSON of Cambridge,
GB for CLOUD COMPUTING INFRASTRUCTURE appearing in the Official Gazette of
March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,609,149 to SHUKEI KURIHARA of
Yokohama-shi, JP for INFORMATION PROCESSING APPARATUS HAVING WIRELESS
COMMUNICATION FUNCTION AND METHOD OF CONTROLLING THE SAME, IN WHICH
PROCESSING IS SWITCHED ACCORDING TO AN APPLICATION SCREEN appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,609,170 to CHAPMAN, EDWARD of ROCHESTER,
NEW YORK for METHOD AND APPARATUS FOR GENERATING A MULTI-LAYER CORRELATION
MARK VIA A MONOCHROME PRINTER appearing in the Official Gazette of March
28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,609,214 to RONALD BLUM of ROANOKE, VA
for WIRELESS CAMERA SYSTEMS AND METHODS appearing in the Official Gazette
of March 28, 2017 should be deleted since no patent was granted."
"All references to Patent No. 9,609,237 to YUMI TAKAO of Tokyo, JP for
IMAGE CAPTURE APPARATUS AND METHOD FOR CONTROLLING THE SAME appearing in
the Official Gazette of March 28, 2017 should be deleted since no patent
was granted."
"All references to Patent No. 9,609,285 to JAMES CAREY of Commack, NY
for VIDEO IDENTIFICATION AND ANALYTICAL RECOGNITION SYSTEM appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,609,296 to JACOB BOLES of Portland, OR
for COORDINATED ILLUMINATION AND IMAGE SIGNAL CAPTURE FOR ENHANCED SIGNAL
DETECTION appearing in the Official Gazette of March 28, 2017 should be
deleted since no patent was granted."
"All references to Patent No. 9,609,445 to KARL-FREDRIK GRAN of Malmo,

May 2, 2017

US PATENT AND TRADEMARK OFFICE

1438 OG 84

SE for PERFORMANCE BASED IN SITU OPTIMIZATION OF HEARING AIDS appearing in
the Official Gazette of March 28, 2017 should be deleted since no patent
was granted."
"All references to Patent No. 9,609,646 to JAMES MURPHY of Alameda, CA
for METHODS AND APPARATUS FOR CONTROLLING WIRELESS ACCESS POINTS appearing
in the Official Gazette of March 28, 2017 should be deleted since no
patent was granted."
"All references to Patent No. 9,609,669 to JOHN ZUKAS of Zionsville, PA
for WIFI HAZARDOUS AREA VOIP PAGING TELEPHONE AND SYSTEM appearing in the
Official Gazette of March 28, 2017 should be deleted since no patent was
granted."
"All references to Patent No. 9,609,685 to PENTTI HUTTUNEN of Vancouver,
CA for UNINTERRUPTED TRANSMISSION OF INTERNET PROTOCOL TRANSMISSIONS DURING
ENDPOINT CHANGES appearing in the Official Gazette of March 28, 2017 should
be deleted since no patent was granted."

BOOKYOURPET [software for booking reservations for pet health services and rating and reviewing pet health services (Class 9); and both cloud based software for the same and software as a service (SAAS) for the same (Class 42)]

M. Reinhart

No

3-22

EX

8653279486533646

Charcoal Box USA, L.L.C.

Cataldo*AdlinGorowitz

2(e)(1), 6(a)

RefusalAffirmed as to 86532794 and Refusal Affirmed in absence of disclaimer in 86533646

RefusalAffirmed as to Class 9; Refusal raised in brief as to Class 44 not considered (appeal fee refunded)

eQIP (with design) [Software used to collect and analyze malnourishment data provided by healthcare providers through an online portal (Class 9) and Providing medical record analysis of malnourishment data via a website for the purpose of providing custom tailored outputs about recommended resources and treatments associated with malnourishment (Class 44)]

EQUIP [computer software for use by health care facilities in monitoring quality of care (Class 9)]

S. Lewis

No

3-23

EX

86694394

Wildlife Friendly Enterprise Network

KuhlkeHightower*Heasley

2(e)(1), 6(a)

RefusalAffirmed in absence of disclaimer of CERTIFIED GORILLA FRIENDLY

UNION STATION HOTEL (with and without design; HOTEL disclaimed in each) both for[hotel services]

T. Whittaker-Brown

No

3-24

EX

86687997

Century Stone Incorporatedtrading as Century Quartz Stone

ZervasGorowitz*Coggins

2(d)

RefusalReversed

Cq Century Quartz Stone (with design; QUARTZ STONE disclaimed) [Epoxy resin-based slabs manufactured using crushed recycled rock and glass for building purposes, sold to fabricators of building products; Quartz, sold to fabricators of building products (Class 19)]

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office

MAILING AND HAND CARRY ADDRESSES FOR
MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS
For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Mail to be Directed to the
Director of the Patent And Trademark Office" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.
Most correspondence may be submitted electronically. See the Office's
Internet Website http://www.uspto.gov for additional information.
Please address mail to be delivered by the United States Postal Service
(USPS) as follows:
Mail Stop _____
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.
Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address patent-related correspondence to be
delivered by other delivery services (Federal Express (Fed Ex), UPS, DHL,
Laser, Action, Purolator, etc.) as follows:
United States Patent and Trademark Office
Customer Service Window, Mail Stop _____
Randolph Building
401 Dulany Street
Alexandria, VA 22314
Mail Stop
Designations Explanation
Mail Stop 12 Contributions to the Examiner Education Program.
Mail Stop 313(c) Petitions under 37 CFR 1.313(c) to withdraw a
patent application from issue after payment of
the issue fee and any papers associated with the
petition, including papers necessary for a
continuing application or a request for
continued examination (RCE).
Mail Stop AF Amendments and other responses after final
rejection (e.g., a notice of appeal (and any
request for pre-appeal brief conference)),
other than an appeal brief.
Mail Stop Amendment Information disclosure statements, drawings, and
replies to Office actions in patent applications
with or without an amendment to the application or
a terminal disclaimer. (Use Mail Stop AF for
replies after final rejection.)
Mail Stop Appeal For appeal briefs or other briefs under
Brief-Patents part 41 of title 37 of the Code of Federal
Regulations (e.g., former 37 CFR 1.192).
Mail Stop Public comments regarding patent-related
Comments-Patents regulations and procedures.
Mail Stop Conversion Requests under 37 CFR 1.53(c)(2) to convert a
nonprovisional application to a provisional
application and requests under 37 CFR 1.53(c)(3)
to convert a provisional application to a
nonprovisional application.
Mail Stop EBC Mail for the Electronic Business Center including:
Certificate Action Forms, Requests for Customer
Number, and Requests for Customer Number Data
Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
respectively) and Customer Number Upload
Spreadsheets and Cover Letters.
Mail Stop Expedited Only to be used for the initial filing of
Design design applications accompanied by a
request for expedited examination under
37 CFR 1.155.
Mail Stop Express Requests for abandonment of a patent
Abandonment application pursuant to 37 CFR 1.138,
including any petitions under 37 CFR
1.138(c) to expressly abandon an
application to avoid publication of the
application.
Mail Stop Applications under 35 U.S.C. 156 for patent term
Hatch-Waxman PTE extension based on regulatory review of a product
subject to pre-market review by a regulating
agency. This mail stop is also to be used for
additional correspondence regarding the
application for patent term extension under
35 U.S.C. 156. It is preferred that such initial
requests be hand-carried to:
Office of Patent Legal Administration
Room MDW 7B85
600 Dulany Street (Madison Building)
Alexandria, VA 22314
Mail Stop ILS Correspondence relating to international patent
classification, exchanges and standards.
Mail Stop Issue Fee All communications following the receipt of a
PTOL-85, "Notice of Allowance and Fee(s)
Due," and prior to the issuance of a patent
should be addressed to Mail Stop Issue Fee,
unless advised to the contrary.
Assignments are the exception. Assignments
(with cover sheets) should be faxed to
571-273-0140, electronically submitted
(http://epas.uspto.gov), or submitted in a
separate envelope and sent to Mail Stop
Assignment Recordation Services,
Director of the United States Patent and Trademark
Office as shown below.
Mail Stop L&R All documents pertaining to applications subject
to secrecy order pursuant to 35 U.S.C. 181, or
national-security classified and required to be
processed accordingly. Such papers, petitions for
foreign filing license pursuant to 37 CFR 5.12(b)
for which expedited handling is requested, and
petitions for retroactive license under 37 CFR
5.25 may also be hand carried to Licensing and
Review:
Technology Center 3600, Office of the Director
Room 4B41
501 Dulany Street (Knox Building)
Alexandria, VA 22314
Mail Stop Missing Requests for a corrected filing receipt and
Parts replies to OPAP notices such as the Notice
of Omitted Items, Notice to File Corrected
Application Papers, Notice of Incomplete
Application, Notice to Comply with Nucleotide
Sequence Requirements, and Notice to File Missing
Parts of Application, and associated papers and
fees.
Mail Stop MPEP Submissions concerning the Manual of Patent
Examining Procedure.
Mail Stop Patent Ext. Applications for patent term extension or
adjustment under 35 U.S.C. 154 and any
communications relating thereto. This mail stop
is limited to petitions for patent term extension
under 35 U.S.C. 154 for applications filed
between June 8, 1995 and May 29, 2000, and patent
term adjustment (PTA) under 35 U.S.C. 154 for
applications filed on or after May 29, 2000.
For applications for patent term extension under
35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
For applications for patent term extension or
adjustment under 35 U.S.C. 154 that are mailed
together with the payment of the issue fee, use
Mail Stop Issue Fee.
Mail Stop Patent Submission of comments regarding search templates.
Search Template
Comments
Mail Stop PCT Mail related to international applications filed
under the Patent Cooperation Treaty in the
international phase and in the national phase
under 35 U.S.C. 371 prior to mailing of a
Notification of Acceptance of Application Under
35 U.S.C. 371 and 37 CFR 1.495 (Form
PCT/DO/EO/903).
Mail Stop Petition Petitions to be decided by the Office of Petitions,
including petitions to revive and petitions to
accept late payment of issue fees or maintenance
fees.
Mail Stop PGPUB Correspondence regarding publication of patent
applications not otherwise provided, including:
requests for early publication made after filing,
rescission of a non-publication request, request
for corrected patent application publication, and
refund of publication fee.
Mail Stop Post In patented files: requests for changes of
Issue correspondence address, powers as attorney or
agent, revocations of powers of attorney,
withdrawal of attorney and submissions under
37 CFR 1.501. Designation of, or changes to, a fee
address should be addressed to Mail Stop M
Correspondence. Requests for Certificate of
Correction need no special mail stop, but should be
mailed to the attention of Certificate of
Correction Branch.
Mail Stop RCE Requests for continued examination under
37 CFR 1.114.
Mail Stop Correspondence pertaining to the reconstruction
Reconstruction of lost patent files.
Mail Stop Ex Parte Original requests for Ex Parte Reexamination
Reexam and all subsequent correspondence other
than correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)). Effective
September 16, 2012, this mail stop is also to be
used for any papers to be filed in an ex parte
reexamination proceeding ordered as a result of
a supplemental examination proceeding.
Mail Stop Inter Requests for Inter Partes Reexamination,
Partes Reexam and all subsequent correspondence other than
correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)).
Mail Stop Reissue All new and continuing reissue application filings.
Mail Stop Sequence Submission of the computer readable form (CRF) for
applications with sequence listings, when the CRF
is not being filed with the patent application.
Mail Stop Supplemental (Effective September 16, 2012). Requests for
Examination Supplemental Examination, including original
request papers and any other correspondence, other
than correspondence to the Office of the
Solicitor (see 37 CFR Secs. 1.1(a)(3) AND 1.302(c)).
This mail stop is limited to original request papers
and any other papers that are to be filed in a
supplemental examination proceeding. For any papers
to be filed in an ex parte reexamination proceeding
ordered as a result of a supplemental examination
proceeding, use "Mail Stop Ex Parte Reexam".
Information for addressing patent-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS
Please address trademark-related mail to be delivered by the United
States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as
follows:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:
Madrid Processing Unit
600 Dulany Street
MDE-7B87
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Office's Deputy Commissioner for
Trademark Examination Policy regarding Letters of Protest must be mailed to:
Letter of Protest
ATTN: Deputy Commissioner for Trademark Examination Policy
600 Dulany Street
MDE-4B89
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:
Director, USPTO
ATTN: FQA
600 Dulany Street, MDE-10A71
Alexandria, VA 22314-5793
Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:
Native American Tribal Insignia
ATTN: Commissioner for Trademarks
600 Dulany Street
MDE-10A71
Alexandria, VA 22314-5793
Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.
Trademark-related mail to be delivered by other delivery services
(Federal Express (Fed Ex), UPS, DHL, Laser, Action, Purolator, etc.), by
courier or by hand to the Trademark Operation, the Trademark Trial and
Appeal Board, the Office's Madrid Processing Unit, Letters of Protest, FQA
or NATI, must be delivered to:
Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE
Please address mail to be directed to a mail stop identified below
to be delivered by the United States Postal Service (USPS) as follows
(unless otherwise instructed):
Mail Stop _____
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
Mail Stop
Designations Explanation
Mail Stop 3 Mail for the Office of Personnel from NFC.
Mail Stop 6 Mail for the Office of Procurement.
Mail Stop 8 All papers for the Office of the Solicitor except
communications relating to pending litigation and
disciplinary proceedings; papers relating to pending
litigation in court cases shall be mailed only to
Office of the Solicitor, P.O. Box 15667, Arlington,
VA 22215 and papers related to pending disciplinary
proceedings before the Administrative Law Judge or
the Director shall be mailed only to the Office of
the Solicitor, P.O. Box 16116, Arlington, VA 22215.
Mail Stop 11 Mail for the Electronic Ordering Service (EOS).
Mail Stop 13 Mail for the Employee and Labor Relations Division.
Mail Stop 16 Mail related to refund requests, other than
requests for refund of a patent application
publication fee. Such requests should be directed
to Mail Stop PGPub.
Mail Stop 17 Invoices directed to the Office of Finance.
Mail Stop 24 Mail for the Inventor's Assistance Program,
including complaints about Invention Promoters.
Mail Stop 171 Vacancy Announcement Applications.
Mail Stop Assignment All assignment documents, security interests,
Recordation Services and other documents to be recorded in the
Assignment records. Note that documents with
cover sheets that are faxed to 571-273-0140 or
submitted electronically (http://epas.uspto.gov)
are processed much more quickly than those
submitted by mail.
Mail Stop Document All requests for certified or uncertified
Services copies of patent or trademark documents.
Mail Stop EEO Mail for the Office of Civil Rights.
Mail Stop Governmental Mail for the Office of Governmental Affairs.
Affairs
Mail Stop Interference Communications relating to interferences and
applications and patents involved in interference.
Mail Stop M Mail to designate or change a fee
Correspondence address, or other correspondence related to
maintenance fees, except payments of
maintenance fees in patents. See below for
the address for maintenance fee payments.
Mail Stop OED Mail for the Office of Enrollment and Discipline.
Mail Stop Mail for the Office of Policy and International
OPIA Affairs.
Maintenance Fee Payments
Unless submitted electronically over the Internet at www.uspto.gov,
payments of maintenance fees in patents using the United States Postal
Service, hand-delivery and delivery by private courier (e.g., FedEx, UPS,
etc.) should be made to:
Director of the U.S. Patent and Trademark Office
Attn: Maintenance Fees
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Deposit Account Replenishments
Payments to replenish deposit accounts using the United States Postal
Service, hand-delivery and delivery by private courier (e.g., FedEx, UPS,
etc.) should be made to:
Director of the U.S. Patent and Trademark Office
Attn: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Information about deposit account replenishments may also be found on
the USPTO's website at http://www.uspto.gov/learning-and-resources/fees-
and-payment/deposit-accounts/deposit-account-replenishment-options